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Thomas, Lawyer

Category: UK Law

Satisfied Customers: 7006

Experience: BA (Hons), PgDip, Practising Solicitor

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Message We recently went to view this vehicle after paying

Resolved Question:

Message: We recently went to view this vehicle after paying a deposit of£500 for the vehicle to be held, when we arrived the pictures didn't look anything like the real thing. The faults listed: Bow in the floorCooker lids RustyNets tawnSides of Windows creasedGas bottle door crackedRust Mark Around the VehicleTop Bunk Bed, Mark terrible with FELT tip penTable were picture show's MAT covers holes on the tableNo Mention that there is no Oven either To be honest it wasn't clean at all, and one of the seats were covered in dog hairs. They said it was a lovely motorhome, as you can appreciate I wouldn't like anyone else to be mis-lead by the pictures ordescription. We travelled 270miles to visit this motorhome and now we are struggling to get our desposit back, which he says is for advertising costs. Please can you advise, as we feel as though we may have to seek further legal action. Valerie Kay

It was advertised but with them wanting £12,250 I didn't want to pay this amount straight away without looking at it, so my husband paid a deposit (by cash into their bank-same day) and we made a 6 hour journey to visit this vehicle as the pictures made the motorhome look amazing, but as you can appreciate when we got their the picture's didn't state rust/damaged floors which as a consummer i'd like to know all these issues. (They clearly marked it as a lovely motor home) and when we declined to purchase the vehicle they couldn't understand why, and put pressure on and then they said they need to re-advertise it. (and they were going to take this out of my £500 cost) I wouldn't mind so much but they clearly mis-advertised this vehicle, and I don't want them doing this to someone else, this £500 was borrowed by family. (so we have to pay it back).

Because you have effectively concluded the contract away from the dealership premises it is subject to the Consumer Protection (Distance Selling) Regulations 2000. This means that you have a "cooling off" period automatically incorporated in to the contract.

As long as you give him notice of termination 7 days from when you concluded the contract or from hen you saw the vehicle you will be able to terminate. You should give him notice of your right to cancel in one of the ways described in Reg 4(10) of the Act:-

If he disputes the cooling off period you can refer him to reg 10(1) and reg 11(2). State that you would be prepare to issue an application to recover the monies at Court if necessary, you can do this through www.moneyclaim.gov.uk

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